Texas Federal Judge Can Rule Against Abortion Meds, Nothing Will Change


There is some concern being expressed that a Federal Judge, known for his hatred of abortion, will rule to outlaw use is mifepristone. This is a drug which, when taken by pregnant women, triggers a miscarriage. According to a post written by attorneys with lots of experience with this matter, it will change nothing if he rules to outlaw access to this drug.

To outlaw mifepristone, the Judge would need to write about something other than an emotional distaste for abortion. He is widely known for his animus toward abortion. To actually put an outlaw in place he would need to put forward evidence the Food and Drug Administration had done something wrong when it approved the drug 23 years ago. This is a tall order because the drug has been proven safer than penicillin or Viagra. Mifepristone is one of the most studied drugs in being sold today.

Laws give the FDA a lot of authority over approval and disapproval of drugs. Federal judges with axes to grind do not automatically overrule the FDA.

There is a legal process to remove a drug from the FDA approved list. This process has not been followed. According to the link, the process requires lengthy study and review and takes several years. A court order would have to include a due process procedure.  In the meantime, the drug remains available unless there is some urgent question about its safety.

There have always been many challenges to the safety of approved drugs. The Federal courts have found themselves inundated with these challenges. That is why in 1985 the Supreme Court gave the FDA broad powers over approval and disapproval of drugs. It was almost as if in 1985 the Court saw an anti-abortion judge and mifepristone coming. Even the Founding Fathers saw that religion was a thing that can become so zealous it takes over a society and refused to establish a state religion.

Included in the case before this judge is an appeal to invoke the "Comstock Act" to prohibit mailing of mifepristone to patients. This law was narrowed in application in the 1930's and has not been enforced for something like a century. 

One would think that is would not be possible even for the small army of anti-abortion judges appointed by Trump to simply make stuff up to achieve a political end. They have not (yet) made up stuff that Trump was reelected in 2020 so maybe there is hope. 

Comments

  1. Ardy BMarch 4, 2023 at 9:07 AM

    While I welcome the layers of protection around the distribution and use of mifepristone; statutory procedures, broad agency enforcement discretion, exemplary safety profiles, almost a century of precedent, and federal law don’t mean a road apple to the forced birth anti-abortion zealots. For G-d’s sake, in the name of the Jesus fetus, their will be done, on birth, as it is with weapons.

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